DOCSLIB.ORG

Subordinate Legislation Committee

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Subordinate Legislation Committee Subordinate Legislation Committee 4th Report, 2013 (Session 4) Subordinate Legislation Published by the Scottish Parliament on 15 January 2013 SP Paper 249 Web only Session 4 (2013) Parliamentary copyright. Scottish Parliamentary Corporate Body Information on the Scottish Parliament’s copyright policy can be found on the website - www.scottish.parliament.uk Subordinate Legislation Committee Remit and membership Remit: The remit of the Subordinate Legislation Committee is to consider and report on— (a) (i) subordinate legislation laid before the Parliament; (ii) any Scottish Statutory Instrument not laid before the Parliament but classed as general according to its subject matter; and, in particular, to determine whether the attention of Parliament should be drawn to any of the matters mentioned in Rule 10.3.1; (b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation; (c) general questions relating to powers to make subordinate legislation; (Standing Orders of the Scottish Parliament, Rule 6.11) Membership: Nigel Don (Convener) Jim Eadie Mike MacKenzie Hanzala Malik John Pentland John Scott Stewart Stevenson (Deputy Convener) Committee Clerking Team: Clerk to the Committee Euan Donald Assistant Clerk Elizabeth White Support Manager Daren Pratt SL/S4/13/R4 Subordinate Legislation Committee 4th Report, 2013 (Session 4) Subordinate Legislation The Committee reports to the Parliament as follows— 1. At its meeting on 15 January 2013, the Committee agreed to draw the attention of the Parliament to the following instruments— Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (2012/355) The Banchory and Crathes Light Railway Order 2012 (2012/345) 2. The Committee’s recommendations in relation to those instruments are set out below. 3. The instruments that the Committee determined that it did not need to draw the Parliament’s attention to are set out at the end of this report. SP Paper 249 1 Session 4 (2013) Subordinate Legislation Committee, 4th Report, 2013 (Session 4) POINTS RAISED: INSTRUMENTS SUBJECT TO NEGATIVE PROCEDURE Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (2012/355) (Rural Affairs, Climate Change and Environment Committee) 4. This instrument amends the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 (―the principal Regulations‖) which the Committee considered at its meeting on 11 December 2012 in order to correct certain defects identified by the Committee. 5. Among other things, the Committee reported that paragraphs 9 to 11 of Schedule 1 to the principal Regulations raised a devolution issue because it was not clear that those provisions were compatible with EU law. It also reported that two of the provisions of Schedule 5 (repeals and revocations) appeared to be defectively drafted. It is these matters which this instrument addresses. 6. The instrument is subject to the negative procedure. It was laid before the Parliament on 21 December 2012 and it came into force on 1 January 2013, at the same time as the principal Regulations. Accordingly, there has been a failure to lay the instrument at least 28 days before it comes into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. 7. As part of its scrutiny of the instrument, the Committee considered the explanation for this failure that the Scottish Ministers provided in their letter to the Presiding Officer. The correspondence is reproduced in Appendix 1. 8. The Scottish Ministers advise that this instrument has been brought forward specifically to address the defects in the principal Regulations identified by the Committee at its meeting on 11 December 2012. It has been brought into force at the same time as the principal Regulations to avoid the coming into force of the defective provisions. Given the serious nature of the concerns raised, the Committee considers the Ministers’ reason for not laying the instrument in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 to be acceptable. 9. The Committee draws the instrument to the attention of the Parliament on reporting ground (j). There has been a failure to lay the instrument at least 28 days before it comes into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. 10. The Committee finds the explanation provided by the Scottish Government for this failure to be acceptable, in respect that the purpose of this instrument was to address the defects in the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 at the time when that instrument came into force. 2 Subordinate Legislation Committee, 4th Report, 2013 (Session 4) POINTS RAISED: INSTRUMENTS NOT SUBJECT TO ANY PARLIAMENTARY PROCEDURE The Banchory and Crathes Light Railway Order 2012 (2012/345) (Infrastructure and Capital Investment Committee) 11. This instrument empowers the Deeside Railway Company Limited to construct, maintain and operate a light railway over lands between Milton of Crathes and Banchory in Kincardineshire. 12. The instrument is laid before the Parliament in accordance with section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, but it is not subject to any further parliamentary procedure. It came into force on 28 December 2012. 13. In considering the instrument, the Committee asked the Scottish Ministers for clarification of certain points. The correspondence is reproduced in Appendix 2. 14. In this Order, a company called BRB (Residuary) Limited is referred to in article 6 without any further designation. The Scottish Ministers confirm that this reference is intended to be a reference to BRB (Residuary) Limited, a company incorporated under the Companies Acts with registered number 04146505 and having its registered office at One Kemble Street, London WC2B 4AN. The Committee considers that it would be the usual practice, when referring to a company in a document intended to have legal effect, to state the name of the company, its registered number and its registered office in order that the company may be adequately identified – and differentiated from any other company with a similar name. 15. The Scottish Ministers offer the view that, as BRB (Residuary) Limited is a publicly owned company, the reference to it is sufficiently clear without further designation. The Committee does not agree. It observes that this is a private limited company like any other incorporated under the Companies Acts. It merely happens that its sole shareholder is the Secretary of State for Transport. In the Committee’s view, the identity of the shareholders of a company does not alter the need adequately to design that company when it is referred to in subordinate legislation. 16. The Committee further observes that the other limited company referred to in the Order (the Deeside Railway Company Limited) has been properly designed in article 2 by giving its name, registered number and registered address. The Committee can see no reason why this should not also have been done in respect of BRB (Residuary) Limited. 17. Separately, the Committee notes that, while section 18 of the Light Railways Act 1896 has been cited as an enabling power in the preamble, the Scottish Ministers acknowledge that it has not been exercised in the making of this 3 Subordinate Legislation Committee, 4th Report, 2013 (Session 4) instrument. It has accordingly been cited in error. The Committee does not consider that this error has any effect on the operation of the instrument. However, in the Committee’s view it is not helpful to cite powers in the preamble to an instrument when they are ultimately not being exercised, as this may be confusing for readers of the instrument. 18. The Committee draws the instrument to the attention of the Parliament on reporting ground (h). The form or meaning of article 6 could have been clearer had BRB (Residuary) Limited been properly designed by specifying its company name, registered number and the address of its registered office. It is not clear, without reference to additional information, that the reference to “BRB (Residuary) Limited” without further specification is properly a reference to BRB (Residuary) Limited, a company incorporated under the Companies Acts with registered number 04146505 and having its registered office at One Kemble Street, London WC2B 4AN, when it appears that this was the Scottish Ministers’ intention. 19. The Committee draws the instrument to the attention of the Parliament on the general reporting ground. There is a drafting error in the preamble, in that section 18 of the Light Railways Act 1896 is cited as an enabling power when, as the Scottish Ministers acknowledge, that power has not been exercised in the making of this Order. 4 Subordinate Legislation Committee, 4th Report, 2013 (Session 4) NO POINTS RAISED 20. At its meeting on 15 January 2013, the Committee considered the following instruments and determined that it did not need to draw the attention of the Parliament to any of the instruments on any grounds within its remit: Local Government and Regeneration Committee Non-Domestic Rate (Scotland) (No.2) Order 2012 (2012/352) Rural Affairs, Climate Change and Environment Committee Shetland Islands Regulated Fishery (Scotland) Order 2012 (SSI 2012/348) Marketing of Bananas (Scotland) Regulations 2012 (2012/349) 5 Subordinate Legislation Committee, 4th Report, 2013 (Session 4) APPENDIX 1 Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (2012/355) Breach of laying requirements: letter to Presiding Officer The above instrument was made by the Scottish Ministers under section 2(2) of the European Communities Act 1972 on 19 December 2012. It is being laid before the Scottish Parliament today and is to come into force on 1 January 2013. Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 has not been complied with. In accordance with section 31(3) of that Act, this letter explains why.
Load more

Recommended publications
  • HRA-News-160-April-2020.Pdf
    April 2020 The official journal of THE HERITAGE RAILWAY ASSOCIATION Issue 160 UNTIL FURTHER NOTICE Three general managers talk about coping with lockdown New faces at the HRA! COVID-19 Advice and guidance Coal OFFERS 2020 Awards & winners update WANTS Chairman’s Briefing Dates for your Diary Dear Member, November 2020 Right now, you’re trying to see the future for your railway, or your museum, your tramway, your cliff railway. When can you reopen? 10th Autumn Seminar How will finances look? How long will it take things to get back to 11th Autumn Management Forum normal? You’re not alone. Thank goodness for the friendship and solidarity of the heritage railways movement. We’ve always been good at collaboration Inside this edition and sharing, from locomotives and rolling stock, through staff and equipment, to knowledge and ideas. I’m proud to say that the Chairman’s Briefing 2 Chief Exec’s Briefing 3 HRA has contributed to that solidarity and sharing. Today, we’re Covid -19 4 working even harder at our role of supporting all our members, Covid -19 HRA support 6 and helping you all to speak with one voice for the aid and Coal - latest news 10 consideration we’ll be needing over the weeks and months to Coal - key facts 13 come. New Faces at the HRA 14 Members News 15 We can’t help looking ahead. Many of you will be planning for a Friends Tour 16 long, dry season. And that’s wise work. But there’s also plenty of In Memoriam 17 important work to do today.
    [Show full text]
  • Transport and Works (Scotland) Act 2007 (Asp 8)
    Transport and Works (Scotland) Act 2007 (asp 8) Transport and Works (Scotland) Act 2007 2007 asp 8 CONTENTS Section PART 1 ORDERS AUTHORISING WORKS ETC. Power to make orders 1 Orders as to transport systems and inland waterways 2 Subject-matter of orders under section 1 3 Crown land Procedure for making orders 4 Applications 5 Cases where other Member States are affected 6 Orders made otherwise than on application 7 Model provisions 8 Objections and representations 9 Inquiries and hearings 10 Procedure at inquiries and hearings 11 Making or refusal of orders under section 1 12 Publicity for making or refusal of order 13 “Developments of national significance” etc.: special procedure Consents etc. under other enactments 14 Consents etc. under other enactments 15 Town and country planning Miscellaneous 16 Validity of orders under section 1 17 Powers of certain bodies to apply for, or object to, order under section 1 18 Access to land 19 Acquisition of land by agreement 20 Service of notices and other documents 21 Annual report 22 Orders under the Light Railways Act 1896 23 Interpretation ii Transport and Works (Scotland) Act 2007 (asp 8) PART 2 MISCELLANEOUS AMENDMENTS 24 Amendment of Roads (Scotland) Act 1984 25 Amendment of Harbours Act 1964 26 Amendment of Pilotage Act 1987 27 Amendment of Transport (Scotland) Act 2001 PART 3 GENERAL 28 Further provision as regards rules, regulations and orders 29 Modification and repeal of enactments 30 Short title, commencement and transitional provision __________ Schedule 1—Matters within section 1 Schedule 2—Modification of enactments Schedule 3—Repeals Transport and Works (Scotland) Act 2007 (asp 8) 1 Part 1—Orders authorising works etc.
    [Show full text]
  • The Chappel and Wakes Colne Light Railway Order 1994
    Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. STATUTORY INSTRUMENTS 1994 No. 84 TRANSPORT The Chappel and Wakes Colne Light Railway Order 1994 Made - - - - 5th January 1994 Coming into force - - 6th January 1994 The Secretary of State for Transport, on the application of the East Anglian Railway Museum and in exercise of powers conferred by sections 7 and 9 to 12 and 18 of the Light Railways Act 1896(1) and now vested in him(2), and of all other powers enabling him in that behalf, hereby makes the following Order: Citation and commencement 1. This Order may be cited as the Chappel and Wakes Colne Light Railway Order 1994 and shall come into force on 6th January 1994. Interpretation 2.—(1) In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: “the Board” means the British Railways Board; “the deposited plan” means the plan deposited in respect of the application for this Order with the Secretary of State for Transport; “the lease” means the lease granted by the Board on 23rd April 1991 to the Branch Line Preservation Company Limited, any extension of the said lease or any new lease of Railway No.1 granted by the Board to the Museum or the Trading Company; “the Museum” means the East Anglian Railway Museum, incorporated under the Companies Act 1985(3) and having its registered office at Chappel and Wakes Colne Station, Colchester, Essex, CO6 2DS; “the principal Act” means the Light Railways Act 1896; “the railways” means Railway No.1 or Railway No.2, or both of them, as the case may require; (1) 1896 c.
    [Show full text]
  • THE LONDON GAZETTE, MAY 14, 1909. No 28250. E
    THE LONDON GAZETTE, MAY 14, 1909. 3681 from Africa Rock Lighthouse will show as under- month, at the offices of the undersigned, at the mentioned until further notice. price of one shilling each. .Position.—Lat. 42° 2l£' N., long. 10° 4' E. Objections to the application should be Temporary character.—Fixed white.- made in writing to the Secretary of the Charts temporarily affected.—No. 158, Cape Light Railway Comraissiouers, and should be Cavallo to Civita Vecchia; No. 1131, Island of addressed to the Secretary, Light Railway Corsica; No. 676, Tyrrhenian Sea; No. 1780, Commission, Scotland House, New Scotland Gulfs of Lyons and Genoa; No. 2l58a, Mediter- Yard. Westminster, London, S.W. Copies of ranean Sea, Western Sheet. any objections should be sent at the same time Publications.—List of Lights, Part V, 1909, to the (Company's Solicitors at Westminster. No. 384; Mediterranean Pilot, Part II, 1905, Dated this 12th day of May, 1909. page 219. SHILSON, COODE and Co., St. Austell, Authority.—Genoa Notice, No. 84 (128) of Cornwall, Solicitors; 1909. BURCHELLS, 5, The Sanctuary, West- minster, S.W., Solicitors and Parlia- No. 666.—SOUTH INDIAN OCEAN—COMORO mentary Agents; ISLANDS. For and on behalf of the Padstow, Mohilla Island—Rock off South Coast. Bedruthan and Mawgan Light Rail- way Company. Subject.—A rock, not hitherto shown on the charts, exists off the south coast of Mohilla Island. 2 Position.—At a distance of 4T ff miles, S. 56°E., Light Railway Commission. from the village of Nuina Choa, and about Light Railways Act, 1896. 3 cables off the shore reef; lat.
    [Show full text]
  • Light Railways Act 1896
    Changes to legislation: There are currently no known outstanding effects for the Light Railways Act 1896. (See end of Document for details) Light Railways Act 1896 1896 CHAPTER 48 59 and 60 Vict F1 An Act to facilitate the Construction of Light Railways in Great Britain. [14th August 1896] Textual Amendments F1 Act repealed (E.W.) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. I; S.I. 1992/2784, art. 2(b), Sch. 2 Pt. II (with art. 3(2)(3)). Modifications etc. (not altering text) C1 Act extended by Transport Act 1968 (c. 73), s. 121(4) C2 Functions of Light Railway Commissioners now exercisable by Minister of Transport: Railways Act 1921 (c. 55), s. 68, S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793), art. 3(2), 1970/1681, art. 2(1), 1979/571, art 2(1) C3 Functions of Board of Trade, except as noted under ss. 5, 13 now exercisable by Minister of Transport: Ministry of Transport Act 1919 (c. 50), s. 2, S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793), art. 3(2), 1970/1681, art. 2(1) and 1979/571, art. 2(1) C4 Act applied (with modifications) (26.6.1991) by S.I. 1991/1619, art. 5(2) (with arts. 8, 12). Act applied (29.6.1993) by S.I. 1993/1651, art. 4(3) (with arts. 6, 8, 9, 10(2)) Act applied (1.9.1993) by S.I.
    [Show full text]
  • Transport and Works Act 1992 Page 1
    Transport and Works Act 1992 Page 1 Transport and Works Act 1992 1992 CHAPTER 42 Thomson Reuters (Legal) Limited. UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty©s Stationery Of®ce. An Act to provide for the making of orders relating to, or to matters ancillary to, the construction or operation of railways, tramways, trolley vehicle systems, other guided transport systems and inland waterways, and orders relating to, or to matters ancillary to, works interfering with rights of navigation; to make further provision in relation to railways, tramways, trolley vehicle systems and other guided transport systems; to amend certain enactments relating to harbours; and for connected purposes. [16th March 1992] BE IT ENACTED by the Queen©s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:Ð Extent Preamble: England, Wales, Scotland PART I ORDERS AUTHORISING WORKS ETC Power to make orders Law In Force 1.Ð Orders as to railways tramways etc. (1) The Secretary of State may make an order relating to, or to matters ancillary to, the construction or operation of a transport system of any of the following kinds, so far as it is in England and WalesÐ (a) a railway; Transport and Works Act 1992 Page 2 (b) a tramway; (c) a trolley vehicle system; (d) a system using a mode of guided transport prescribed by order made under section 2 below. [ (1A) Subsection (1) is subject toÐ (a) section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development); (b) section 120(9) of that Act (exclusion of power to include ancillary provision in orders).
    [Show full text]
  • Act 1986 CHAPTER 12 ARRANGEMENT of SECTIONS
    Statute Law (Repeals) Act 1986 CHAPTER 12 ARRANGEMENT OF SECTIONS Section Repeals and associated amendments. 2. Extent. 3. Short title. SCHEDULE 1—Repeals. Part I — Administration of Justice. Part II — Agriculture. Part III — Finance. Part IV — Imports and Exports. Part V — Industrial Relations. Part VI — Intellectual Property. Part VII — Local Government. Part VIII — Medicine and Health Services. Part IX — Overseas Jurisdiction. Part X — Parliamentary and Constitutional Pro- visions. Part XI — Shipping, Harbours and Fisheries. Part XII — Subordinate Legislation Procedure. Part XIII — Miscellaneous. SCHEDULE 2 —Consequential Provisions. A c.12 ELIZABETH II Statute Law (Repeals) Act 1986 1986 CHAPTER 12 An Act to promote the reform of the statute law by the repeal, in accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments. [2nd May 1986] E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and B Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— L—(1) The enactments mentioned in Schedule 1 to this Act Repeals and are hereby repealed to the extent specified in the third column of associated that Schedule. amendments. (2) Schedule 2 to this Act shall have effect. 2.—(l) This Act extends to Northern Ireland. Extent. (2) Any amendment or repeal by this Act of an enactment which extends to the Channel Islands or the Isle of Man shall also extend there.
    [Show full text]
  • Rail Directorate
    Rail Directorate Buchanan House 58 Port Dundas Road Glasgow Your ref: Mr Stephen Wiggs John Kennedy & Co Our ref: Minerva House 5 Montague Close Date: London 27 November 2012 SE1 9BB Dear Mr Wiggs, Light Railways Act 1896 – Banchory and Crathes Light Railway Order I refer to the application submitted on behalf of your client Deeside Railway Company Ltd (DRCL) on 12 December 2007 for the making of the Banchory and Crathes Light Railway Order (LRO) under the Light Railways Act 1896. A Draft Decision Letter was issued to you in August 2011. However, an error was subsequently identified which noted that the amended commencement point would have meant that railway started at the same location as the Inverey fishing hut and the length of line and crossing points were also incorrect. Consequently the line was measured and the crossing points checked resulting in the revised Decision Letter. These amendments are technical changes to the Order and not substantive. This letter conveys the Scottish Ministers’ decision on the application. Purpose of LRO The purpose of the LRO is to authorise the construction and maintenance of a Light Railway line within the local government area of Aberdeenshire Council, partly on the same lines and levels as the former railway between Banchory and Milton of Crathes. The Application DRCL submitted an application to Transport Scotland on 12 December 2007. The application was for a Light Railway line commencing at a point adjacent to the former council depot at Station Road, Banchory and terminating at a point 30 metres west of the centre line of the access road leading to Milton of Crathes.
    [Show full text]
  • Modernising English Land Law
    International Law Research; Vol. 8, No. 1; 2019 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Modernising English Land Law Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: January 22, 2019 Accepted: February 28, 2019 Online Published: March 5, 2019 doi:10.5539/ilr.v8n1p30 URL: https://doi.org/10.5539/ilr.v8n1p30 1. INTRODUCTION At present, the legal situation in respect of land in England and Wales is confusing. Title to most land in England and Wales is now registered. However, title to some 15% (or less) is still governed by older legal principles, including the need for title deeds. Further, there are many antiquated pieces of legislation relating to land still existing - various pieces of which are obsolete and others which should be re-stated in modern language. For a list of existing land legislation, see Appendices A-B. Antiquated (and obsolete) land legislation complicates the legal position as well as prevents the consolidation of English land law. Such has major financial implications since a clearer, consolidated, land law would help speed up land sales - including house purchases - and reduce costs for businesses and individuals. Also, old laws can (often) be a ‘trap for the unwary.’1 The purpose of this article is to consider various ancient pieces of land legislation and to argue that they should be repealed. In particular, this article argues for the repeal of the following: Inclosure Acts.
    [Show full text]
  • Thirteenth Report: Draft Statute Law Repeals Bill
    The Law Commission and The Scottish Law Commission (LAW COM. No. 179) (SCOT. LAW COM. No. 117) STATUTE LAW REVISION: THIRTEENTH REPORT . 8 1 ! DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty May I989 LONDON HER MAJESTY'S STATIONERY OFFICE - -. E10.40 net Cm. 671 The Law Commission and the Scottish Law Commission were set up by the Law CommissionsAct 1965 for the purpose of promoting the reform of the law. The Law Commissioners are- The Honourable Mr. Justice Beldam, Chairman Mr Trevor M. Aldridge Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr. Michael Collon. Its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Davidson, Chairman Dr E. M. Clive Professor P. N. Love, C.B.E. Sheriff C. G. B. Nicholson, Q.C. Mr W. A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commissionis Mr K. F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. , : I -: + .. -- 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION Statute Law Revision: Thirteenth Report Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Fraser of Carmyllie, Q.C., Her Majesty’s Advocate. In pursuance of section 3(l)(d) of the Law CommissionsAct 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it.
    [Show full text]
  • Light Railways Act, 1896. [59 & 60 VICT
    Light Railways Act, 1896. [59 & 60 VICT. CIT. 48.] ARRANGEMENT OF SECTIONS. A.D. 1896. Section. 1. Establishment of Light Railway Commission. 2. Application for orders authorising light railways. 3. Powers of local authorities under order. 4. Loans by Treasury. 5. Special advances by Treasury. 6. Limitation on amount of advance and provision of money by National Debt Commissioners. 7. Consideration of application by Light Railway Commissioners. 8. Submission of order to Board of Trade for confirmation. 9. Consideration of order by Board of Trade. 10. Confirmation of order by Board of Trade. 11. Provisions which may be made by the order, 12. Application of general Railway Acts. 13. Mode of settling purchase money and compensation for taking of land. 14. Payment of purchase money or compensation. 15. Provisions as to Board of Trade. 16. Expenses of local authorities. 17. Joint committees. 18. Working of ordinary railway as light railway. 19. Power of owners to grant land or advance money for a light railway. 20. Power to grant Crown lands. 21. Provision as to commons 22. Preservation of scenery and objects of historical interest. 23. Junctions with existing railways. 24. Amendment of order. 25. Provision as to telegraphs. 26. Application to Scotland. 27. Extent of Act. 28. Definitions. 29. Short title. SCHEDULES. [59 & 60 VIOT.] Light Railways Act, 1896. [Cg. 48.] CHAPTER 48. An Act to Facilitate the Construction of Light Railways A.D. 1896, in. Great Britain. [14th August 1896.] - BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1.-(1.) For the purpose of facilitating the construction and Estabtishmenr Great Britain, there shall be estab- of Light working of light railways in Railway lished a commission, consisting of three commissioners, to be styled Commission, the Light Railway Commissioners, and to be appointed by the President of the Board of Trade.
    [Show full text]
  • Level Crossings
    The Law Commission Consultation Paper No 194 and The Scottish Law Commission Discussion Paper No 143 LEVEL CROSSINGS A Joint Consultation Paper ii THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION – HOW WE CONSULT About the Law Commissions The Law Commission and the Scottish Law Commission were set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Right Honourable Lord Justice Munby (Chairman), Professor Elizabeth Cooke, Mr David Hertzell, Professor Jeremy Horder and Frances Patterson QC. The Chief Executive of the Law Commission is Mr Mark Ormerod CB and its offices are at Steel House, 11 Tothill Street, London SW1H 9LJ The Scottish Law Commissioners are: The Honourable Lord Drummond Young (Chairman), Laura J Dunlop QC, Professor George L Gretton, Patrick Layden QC TD and Professor Hector L MacQueen. The Chief Executive of the Scottish Law Commission is Malcolm McMillan and its offices are at 140 Causewayside, Edinburgh EH9 1PR. Topic of this consultation This consultation paper reviews the law relating to level crossings and makes proposals for its reform. Scope of this consultation The purpose of this consultation is to generate responses to our provisional proposals and consultation questions with a view to developing recommendations for reform of the law. Geographical scope The contents of this consultation paper refer to the law of England and Wales and the law of Scotland. Impact assessment An impact assessment is available to download from our websites: www.lawcom.gov.uk and www.scotlawcom.gov.uk Duration of the consultation We invite responses before 30 November 2010.
    [Show full text]